When should I tell my employer I'm pregnant? Light work during pregnancy. Can a pregnant woman be fired from her job?

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

Does a pregnant woman have to tell her employer about her pregnancy? The law regulates labor relations between the expectant mother and superiors to a greater extent from 27-30 weeks, that is, from the date of maternity leave. The Labor Code does not specify whether a woman must report her position, and for how long this must be done. This means that the decision remains with the future mother. The special position of an employee requires solving a large number of issues, so it’s worth talking about pregnancy before going on maternity leave. But before 12 weeks, do it only if necessary.

Legal nuances: what you need to know

Any expectant mother enters a new stage of relations with the employer. Labor legislation is on the side of the pregnant woman, you just need to know how to properly rely on it. Today, prejudice against pregnant women in employment or already at work is one of the forms of discrimination. Unfortunately, such phenomena are quite common.widely, because it is unprofitable for the employer to keep an employee who, for one reason or another, cannot fulfill her duties in full. Therefore, many women have a fear of how the joyful news of the imminent replenishment in the family will affect their careers.

The rights of pregnant women are regulated by the Labor Code. An employee who is expecting a child cannot be involved in overtime or night work, business trips and work on holidays and weekends. A woman has a legal right to reduce work time, transfer to light work during pregnancy, work in a comfortable room (ventilated and bright, without a lot of equipment, and so on). The work duties of an employee do not change in any way, but she has the right to demand loy alty to her new position.

Retention and issue of dismissal

The employer is obliged to keep the employee's place and salary, but can offer vacancies that are more in line with the woman's he alth status. A pregnant woman can be fired only in one case - during the liquidation of the enterprise. But even so, the manager is obliged to employ employees who are in position. When working on a fixed-term contract, a woman must apply for an extension based on pregnancy. An employee cannot be fired for severe disciplinary violations and failure to fulfill their duties. The greatest possible punishment is the deprivation of bonuses.

Vacations and cash payments

Annual leave must be paid in full and regardless of the termwork in this company. Maternity leave lasts 70 days (for multiple pregnancies - 84 days) before delivery and 70 days after (110 - for the birth of two or more children, 86 - for complicated births). During this time, social security benefits are being paid.

Vacation paid upon provision of sick leave. With an employee's annual income of less than 415 thousand rubles, the calculation is based on the average amount of income per day, multiplied by 140-180 days. To this amount, the employer can optionally add 50 thousand rubles. With these amounts, the woman does not pay tax. Immediately after the B&R leave comes parental leave. At the expense of social insurance, a woman is en titled to receive 40% of the average monthly salary for the previous year. If the annual income exceeded 415 thousand rubles, then the maximum you can get is 13,833 rubles per month. For the period of leave for BiR and child care, the experience is not interrupted.

Women's official dressing

An important condition is that in matters of the rights of pregnant women and their duties at work, one must rely on official registration. Otherwise, the employer may refuse to transfer the woman to light work and other benefits, leave and allowances. In this case, lawyers are advised to enter into official labor relations with your employer or collect documents confirming the fact of working in this company. As evidence, you can attach, for example, a statement of movement on the card if the salary is transferred through the bank.

When to talk aboutpregnancy at work

When should I tell my employer about my pregnancy? Expectant mothers answer this question in different ways. With good relations with the authorities and the team, many share their joy even before being registered in the antenatal clinic, other women tend to hide their special position until maternity leave. When should you tell your employer that you're pregnant? Legislatively, this issue is not enshrined in the Labor Code, that is, a woman can decide for herself when to do it and whether to do it at all (you can just bring a sick leave and go on vacation).

Up to 27-30 weeks, a woman can act on her own. Further, the employee has the right to go on vacation in BiR. Failure at this stage to carry out all the necessary actions by the expectant mother will lead to the loss of a large amount of money, and the head’s failure to comply with the provisions of the Labor Code threatens him with fines. So, when should you tell your employer that you're pregnant? According to generally accepted norms of professional ethics, a woman should inform her immediate supervisor about going on maternity leave a little in advance. It takes time for the employer to find a replacement for such a long period of time.

Early report of "interesting position"

When should I tell my employer I'm pregnant? You can get medical confirmation first. A certificate of gestational age can be issued to the expectant mother in the LCD as soon as this fact is established by the gynecologist, that is, starting from 5-6 weeks. But is it worth it to notify the authorities so early?about your special status? Do I need to inform the employer about the pregnancy officially or can I get by with a conversation? In general, a woman is not obliged to report her situation before going on maternity leave, but this will allow her not to spoil relations with her superiors and colleagues, who will have to urgently look for a replacement and teach a new person.

Optimal time for informing superiors

Doctors at the antenatal clinic in most cases do not recommend that women tell their superiors about their situation until 12 weeks. In the early stages, pregnancy is still very vulnerable, but if a woman denounced before this period, then in the future the threats are no longer so great, there is a high probability of successful gestation and childbirth. If the examinations conducted in the antenatal clinic predict pregnancy complications, and it is also known whether one fetus or several, the expectant mother can convey this information to the employer. With a singleton pregnancy, you can already make a rough calculation of benefits.

When should I tell my employer I'm pregnant? It is better to do this no earlier than 12 weeks. When informing about the upcoming decree, the expectant mother should discuss a number of issues with the employer. This can be light or remote work until the very day of childbirth, if going on maternity leave for some reason is unprofitable, the opportunity to take annual leave before the decree, the need to switch to preferential working conditions, and so on. It is necessary to warn the authorities so that the pregnant woman is not involved in heavy and overtime work, as well as business trips. There are many organizational moments, but this does not mean thattoo early to discuss them.

In some cases, it makes sense to notify superiors and colleagues about your special situation up to 12 weeks. If work duties are too difficult for a pregnant woman or the state of he alth requires taking additional days of rest, it is worth discussing all issues with superiors already in the early stages. A woman has the right to be transferred to light work and reduced hours of work. In this case, you need to provide a certificate from a doctor.

Transferring an employee to easier work

When working in production or in harmful working conditions, a pregnant employee has the right to switch to light work. A woman in position is forbidden to be nervous, work on a conveyor, lift weights, work with pathogens, come into contact with toxic substances and poisons, lift objects from the floor too high, sit on her knees and squat, work in a hot room or in a draft. It is the responsibility of the employer to reduce the rate of production for a woman in a position, to provide work in which there is no influence of harmful factors. In the event that it is not possible to give a pregnant woman another job, and it is impossible to leave her in her original place, the law provides for a complete release from duties while maintaining earnings.

How the process of transition to light work works

Transfer to light work during pregnancy occurs according to the procedure established by law. A woman needs to take a certificate with a recommendation to work with a lesser load and give it directlyboss. Without documentary proof of pregnancy, no benefits will be provided. A certificate of gestational age and recommendations for transferring to light work are required, otherwise the boss has every right to refuse the transfer. Then the employee must write a statement. After a positive response from the management, the woman’s workload will be reduced, an additional contract will be concluded or an order will be issued to transfer. This can be done at any stage of pregnancy. Since the work is not permanent, they do not make an entry into the labor force.

Can a pregnant woman be fired

Can a pregnant woman be fired from her job? By law, the boss has the right to deprive a pregnant woman of work only upon liquidation of the enterprise, but in this case he is obliged to employ an employee in position. In fact, there are two more situations in which such an employee may lose her job. If the working conditions are harmful or difficult, then the employer offers the woman other vacancies, but if she does not agree to them, she can quit. The basis for terminating the employment relationship is also the mutual consent of the parties (dismissal of one's own free will). At the same time, the employer should not put pressure on the employee.

Can a pregnant woman be fired from her job if she is employed under a fixed-term contract? No, but the employee must independently apply for an extension of the contract. It will be possible to break it only after she returns to work after her leave for BiR and child care. You can not fire employees who are ontrial period. If a woman is employed during pregnancy, then she must be hired without a probationary period.

Documentation of pregnancy

Official notification of the employer about pregnancy - a certificate from the antenatal clinic. With early registration, a woman is en titled to an additional allowance, which is paid simultaneously with the B&D allowance and after providing a certificate to the authorities. This document can be used as confirmation of early pregnancy. Additionally (if necessary), the doctor can issue a certificate with a recommendation to transfer to easier work or with information about the gestational age. Before maternity leave, documentary evidence is a sick leave on which benefits are paid.

Preparing for a conversation with superiors

When every expectant mother has the right to decide on her own when to inform the employer about pregnancy. But how to do that? You need to prepare for a conversation with your superiors. It is better to have documentary evidence of pregnancy on hand. It is also worth knowing your rights and obligations in accordance with the new regulation. Before the meeting, you should decide what the goal of the woman is. Need to keep your job, switch to easy work now, or get compensation and quit early? You need to determine for yourself the main points in the negotiations in order to know what to agree to and what not.

It is better to make an appointment in advance. The topic is a personal matter. It is worth considering who can replacean employee for the period of absence in order to propose a candidate and have time to bring the person up to date. Perhaps it is better to draw up this proposal in writing in order to show the employer and leave it after negotiations. If the boss is a man, then it is worth expressing thoughts briefly and clearly, if a woman, you can say more about the state, express emotions. When the employer formulates the conditions to which the employee agrees, it is better to put the agreement on paper.

What is the responsibility of the employer

If an employer violates the rights of a pregnant woman, she has the right to complain to the labor inspectorate. The inspectors will conduct the appropriate check. Upon confirmation of the fact of violation, the management will be fined 5 thousand rubles, in addition, they may ban activities for three months. According to the Criminal Code, employers who illegally fired a future mother or did not hire them will face not only a fine, but also forced labor.